School Standards and Organisation (Wales) Act 2013 (anaw1)

PART 3 E+W SCHOOL ORGANISATION

CHAPTER 2 E+W SCHOOL ORGANISATION PROPOSALS

Changes of category E+W

45 Proposals to change a school's category E+W

(1) The governing body of a community school may make proposals for the school to become a voluntary aided school or a voluntary controlled school.

(2) The governing body of a voluntary aided school may make proposals for the school to become a community school or a voluntary controlled school (but see subsection (5)).

(3) The governing body of a voluntary controlled school may make proposals for the school to become a community school or a voluntary aided school (but see subsection (5)).

(4) The governing body of a foundation school may make proposals for the school to become a community school, a voluntary aided school or a voluntary controlled school (but see subsection (5)).

(5) No proposals may be made for a foundation or voluntary school which has a religious character to become a community school.

Commencement Information

I1 S. 45 in force at 1.10.2013 by S.I. 2013/1800, art. 3(a) (with art. 4)

46 Restrictions on changing category of school E+W

(1) A maintained school within one of the categories set out in section 20(1) of the School Standards and Framework Act 1998 may become a school within another of those categories (except a foundation school or foundation special school) only in accordance with this Part.

(2) A school may not change category to become a voluntary aided school unless the governing body of the school satisfies the Welsh Ministers that it will be able to carry out its obligations under Schedule 3 to the School Standards and Framework Act 1998 (funding of voluntary aided schools) for a period of at least five years following the date on which it is proposed that the change of category is to take place.

(3) A voluntary or foundation school may not become a community school unless any transfer agreement and transfer of rights and liabilities agreement required by Part 3 of Schedule 4 has been entered into.

Commencement Information

I2 S. 46 in force at 1.10.2013 by S.I. 2013/1800, art. 3(a) (with art. 4)

47 Effect of change of category E+W

(1) A school's change of category in accordance with proposals made under section 45 is not to be taken as authorising or requiring any change in the character of the school (including, in particular, any religious character of the school).

(2) A school's change of category in accordance with proposals made under section 45 is not to be taken as authorising a school to establish, join or leave a foundation body.

Commencement Information

I3 S. 47 in force at 1.10.2013 by S.I. 2013/1800, art. 3(a) (with art. 4)